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Article 32 in The Constitution Of India 1949

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Supreme Court of India
Supreme Court Legal Aid Committee vs Union Of India & Ors on 5 September, 1989
Equivalent citations: 1989 AIR 1278, 1989 SCR (2) 60
Author: M Rangnath
Bench: Misra Rangnath
           PETITIONER:
SUPREME COURT LEGAL AID COMMITTEE

	Vs.

RESPONDENT:
UNION OF INDIA & ORS.

DATE OF JUDGMENT05/09/1989

BENCH:
MISRA RANGNATH
BENCH:
MISRA RANGNATH
VENKATACHALLIAH, M.N. (J)

CITATION:
 1989 AIR 1278		  1989 SCR  (2)	 60
 1989 SCC  (2) 325	  JT 1989 (1)	549
 1989 SCALE  (1)651


ACT:
    Juvenile  Justice Act,  1986: Sections 2(e)(h),  53	 and
62--Setting  up	 of Advisory Boards  for  implementation  of
Act----Directions---Issued.



HEADNOTE:
    In a public interest application filed under Article  32
of  the Constitution for enforcement of	 fundamental  rights
under Articles 14 and 21 of the Constitution being denied to
the hundreds of juvenile delinquents, all over the  country,
the Supreme Court had issued directions from time to time.
Issuing further directions in the matter, this Court,
    HELD: For the present the Advisory Board in terms of the
provision  of the scheme for facilitating the monitoring  of
the implementation of the Act should be set up at the  State
level and steps at the District level may be deferred. [35E]
    Each  of  the  States, including the State	of  Jammu  &
Kashmir to which the scheme would apply, by its consent,  is
directed  to  set  up its Advisory Board  in  terms  of	 the
scheme.	 The total number of the Advisory Boards should	 not
be  below 15 and not above 20. The State  Government  should
indicate  as  to  who would be the  Chairman  and  Secretary
respectively  of the Board. Such Committee should be set  up
within	six  weeks and report of compliance filed  with	 the
Registry of this Court within eight weeks. The first meeting
of the Board should be within four weeks of its constitution
and every such Board should send its first proceeding to the
Registry, [35F, H, 36A-B]



JUDGMENT:

ORIGINAL JURISDICTION: Writ Petition (Crl.) No. 145 1 of 1985.

(Under Article 32 of the Constitution of India). R.K. Jain and R.K. Bhatt for the Petitioner.

35

Kapil Sibal, Anil D. Singh, V.C. Mahajan, A.S. Nambiar, Salman Khurshid, Gopal Singh, Ms. K. Jaiswal, Ms. S. Janani, Ms. A. Subhashini, Mrs. Indira Sawhney, Mrs. Urmila.Kapoor, A.S. Bhasme, A.M. Khanwilkar, K.R. Nambiar, J.R. Das, D.K. Sinha, D. Bhandari, Y.P. Rao, S.K. Agnihotri, P.K. Manohar, M. Veerappa, R.K. Mehta, K.R.R. Nambiar, B.D. Sharma, K. Vasdev, D.N. Mukharjee, M.P. Jha, T.V.S.N. Chari, Mahabir Singh, M.N. Shroff, A. Subba Rao, R.S. Sodhi, K. Ramkumar, S.K. Bhattacharya, L.R. Singh, A.K. Sanghi, C.V.S. Rao, R. Venkataramani, Probir Choudhary, T.V.S. Krishna- murthy, S. Vasudevan, D.R.K. Reddy, K.J. Rao and U.N. Singh for the Respondents.

The following Order of the Court was delivered: ORDER It is stated by counsel appearing for the States includ- ing that of Nagaland that affidavits as directed have been filed. Mr. Jain appearing in support of the writ petition has asked for a direction to the State to set up Advisory Boards both at the State and the District levels, as contem- plated in the scheme so that implementation of the various provisions of the Act can be facilitated. We are of the view that for the present the Board in terms of the provision of the scheme should be set up at the State level and steps at the District level may be deferred for the present.

Each of the States including the State of Jammu & Kash- mir to which the scheme would apply though not under the Act in view of its consent, is directed to set up its Advisory Board in terms of the scheme. Implementation of the Act would be convenient if in the Board to be set up the Minis- ters of Law and Social or Children's Welfare, as the case may be, the Secretary to Government in the relevant Depart- ment, the Head of the Police Establishment (Director General or the Inspector General, as the case may be), the Head of the Health Directorate, two members of the Bar with appro- priate aptitude, an acknowledge lady social worker, a Member of Parliament and a Member of the State Legislature, one or two social workers of .acknowledged repute preferably con- nected with children's rehabilitation activity are included. It would be open to the State Government to make small variations depending upon the requirements of any particular State. The total number of the Advisory Boards should not be below 15 and not above 20. The State Government should indicate 36 as to who would be the Chairman and Secretary respectively of the Board. Such Committee should be set up within six weeks from today and report of compliance shah be filed with the Registry of this Court within eight weeks. The first meeting of the Board should be within four weeks of its constitution and every such Board is directed to send its first proceeding to the Registry.

N.P.V-

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